Koo is looking to unseat Democratic State Senator Toby Stavisky this November and represent Northeast Queens in Albany. Koo, a Republican, has also been cross-endorsed by the Conservative and Independence parties.

But last Tuesday, a state Supreme Court judge ruled that Koo could only prove that he had lived within the district since April. Candidates must live within the district they plan to run it for at least one year before the November election.

Koo claimed that he lived in a condo on 41st Avenue in Flushing since January 2007, even though he still owns a home in Port Washington, Long Island. To prove his case, Koo showed a driver’s license issued to him in August of 2007 listing his Flushing address, s well as hs voter registration and tax records.

But the judge, in his written opinion, said he did not believe Koo, and had him bounced from the ballot. Stavisky immediately jumped on the decision, stating that Koo could not be trusted “to tell the truth, even under oath.”

Peter Koo’s candidacy is a sham,” said Joe Reubens, a Stavisky spokesperson, in a statement following the ruling.

Not so fast.

Later last week, an Appeals Court overturned the decision, putting Koo’s name back on the November ballot. A five-judge panel found that Koo has lived at the Flushing address since January of 2007, once again making him a candidate.

Koo was ecstatic, but Stavisky’s camp promised to keep the pressure on, vowing to evaluate “the legal options available to hold Peter Koo accountable for this serious election fraud.”